Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Peru (Ratification: 1960)

The Committee notes the Government’s reply to the observations of the National Confederation of Private Business’ Institutions (CONFIEP) received in 2023.

Articles 2(2), 3(1) and 16 of the Convention. Inspections in the mining sector. Further to its previous comments, the Committee notes the Government’s indication in its report that it is incumbent on the Regional Office or Directorate for Energy and Mining, as the authority competent for enforcing the Regulations on Occupational Safety and Health in Mining, adopted through Supreme Decree No. 024-2016-EM, to carry out preventive inspections in small-scale and artisanal mining in order to prevent and avoid occupational accidents and industrial diseases. The Government also indicates that the Regulations on Occupational Safety and Health in Mining limit the involvement of the National Superintendence of Labour Inspection (SUNAFIL) in the supervision of medium-scale and large-scale mining enterprises. In this regard, the Committee notes that, in their joint observations, the Autonomous Workers’ Confederation of Peru (CATP) and the Single Union of Inspectors and Workers of the National Superintendence of Labour Inspection (SUIT SUNAFIL) repeat their concern that small-scale and informal mining do not fall within the competence of SUNAFIL. In its observations, CONFIEP indicates that: (i) the supervision capacity of regional governments with respect to small-scale and artisanal mining must be strengthened to prevent occupational accidents; and (ii) section 11(2) of the Bill on small-scale and artisanal mining, DGFM-001-2024-MINEM, of 19 July 2024, authorizes regional governments to put SUNAFIL in charge of supervision and inspection of small-scale and artisanal mining. The Committee also notes that section 11(1) of the above-mentioned Bill establishes that supervision and inspection concerning occupational safety and health in mining activities under the competence of regional governments may be outsourced to oversight enterprises that are duly registered and accredited with the Ministry of Energy and Mines. The Committee recalls that the exemption of mining undertakings or parts of such undertakings from the application of the Convention does not mean that their workers should not enjoy the same protection as other workers in industry (General Survey of 2006 on Labour Inspection, paragraph 18). The Committee requests the Government to provide its comments on the observations of CATP and SUIT SUNAFIL, and of CONFIEP. The Committee also requests the Government to provide information on the progress made in the adoption of the Bill on small-scale and artisanal mining, and to indicate the number of occupational safety and health inspections carried out in small-scale and artisanal mining by the Regional Office or Directorate for Energy and Mining, the violations found and penalties imposed.

Article 4. Central authority. Further to its previous comments, the Committee notes the Government’s indication that, while the transfer of competences and functions from the regional governments to SUNAFIL is valid for eight years, it may be extended following an assessment of the results achieved by SUNAFIL, in accordance with section 3 of Act No. 30814 of 5 July 2018 on the strengthening of the labour inspection system. In this regard, the Committee notes that, in their joint observations, the CATP and SUIT SUNAFIL indicate that this extension of the period of validity makes the future of labour inspection very uncertain, and reiterate their concern that SUNAFIL does not permanently have labour inspection competences and functions, in particular in the area of micro and small enterprises. In this regard, they state that Act No. 30814 should be amended. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure that labour inspection is under the supervision and control of SUNAFIL as the central authority.

Article 5(b). Collaboration between labour inspectors and employers. In relation to its previous comments, the Committee notes the Government’s indication that: (i) section 8 of Act No. 28806 on General Labour Inspection, adopted on 19 July 2006, stipulates that labour inspection shall ensure the necessary collaboration with the respective employers’ and workers’ organizations; and (ii) employers and workers and their respective representatives collaborate, as required, with labour inspectors to enable the latter to conduct inspections properly, in accordance with section 6.7.1 of Directive No. 001-2020-SUNAFIL/INII on carrying out inspections, adopted by Resolution No. 216-2021-SUNAFIL of 10 August 2021. The Committee notes that, in its observations, CONFIEP reiterates the lack of collaboration by labour inspectors with the employers subject to inspection. In particular, CONFIEP states that: (i) requests for information sent to employers are often unclear as to the subject of the inspection or are complicated to follow, making it difficult for employers to meet the requirements; and (ii) it is important that inspectors receive training in the obligations and rights established in the context of labour inspections. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged, in practice, to encourage collaboration between labour inspectors and employers.

Article 7(1). Conditions for the recruitment of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) pursuant to Resolution No. 156-2024-SUNAFIL of 9 August 2024, the competitive exam for internal promotion No. 002-2024-SUNAFIL has been launched, with the aim of filling 81 vacant labour inspector posts; and (ii) the Human Resources Offices of SUNAFIL, in its report No. 000190-2024- SUNAFIL/GG/ORH of 4 April 2024, stated that the post of labour inspector regulated by the Regulations to the General Labour Inspection Act, adopted by Supreme Decree No. 019-2006-TR of 28 October 2006, meets the criteria to be classified as a special career within the civil service, and requested the SERVIR Management Policy Office, through Circular No. 000432-2024-SUNAFIL/GG/ORH, to evaluate the content of the above-mentioned report in order to pursue the transition to the civil service regime in an appropriate manner. The Committee also notes that section 2 of Legislative Decree No. 1602 of 21 December 2023 amends the fourth supplementary transitional provision of Act No. 30057 of the Civil Service of 3 July 2013, providing that the officials under the regime in Legislative Decree No. 728, which includes labour inspectors, may transfer voluntarily, further to a public competitive exam, to the regime provided for in the Act of the Civil Service. While referring to its observation under Articles 6 and 15(a) of the Convention, the Committee requests the Government to provide further information on the selection process of labour inspectors, including detailed information on the public competition held in the framework of the procedure for transfer to the civil service regime.

Article 7(3). Training of labour inspectors. Further to its previous comments, the Committee notes that the Government reports the adoption of the annual training programme for the labour inspection system through Departmental Decision 210-2024-SUNAFIL/GGORH, subsequently amended by Departmental Decision 310-2024-SUNAFIL/GG/ORH, which details the training activities for the labour inspection system staff, including supervisors, labour inspectors and auxiliary inspectors. The Government also indicates that, in order to build the capacities of inspection system staff, it rolled out: (i) in February 2024, a course on sexual harassment in the workplace and labour inspection, in line with the functions of the Training and Capacity-building Unit of the labour inspection system; and (ii) in May 2024, an occupational safety and health reinforcement programme in the hydrocarbon, electricity and mining sub-sectors. The Committee notes that, in its observations, CONFIEP indicates that it is essential that inspectors receive continuous training on technical and specific issues related to their areas of inspection, including occupational accidents and occupational safety and health, and that they should receive continuous training on the protocols established by SUNAFIL, both on technical and administrative issues, so that the principles governing the labour inspection system are observed during inspections. The Committee also notes that, in their joint observations, CATP and SUIT SUNAFIL refer to Circular No. 0333-2024-SUIT SUNAFIL of 5 August 2024, in which SUIT SUNAFIL states that only 40 places are available for each course run by the training centre of the Labour Inspection System, which is insufficient given the number of labour inspectors and administrative staff of SUNAFIL. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue to provide detailed information on training offered to labour inspectors, including the number of inspectors attending each session and the duration and nature of training provided at these sessions.

Article 11. Material resources available to labour inspectors. Reimbursement of travel expenses. The Committee notes that, with reference to its previous comments on the decentralization of the inspection services, the Government indicates that: (i) decentralization has increased the effectiveness of inspections in remote and distant locations, and that through the implementation of ten labour inspection platforms in the regions between 2020 and 2023, remote handling of complaints has increased; (ii) various monitoring strategies have been implemented, including special teams such as the team for formal Peru in rural areas, the Specialized Group of Labour Inspectors on Forced and Child Labour (GEIT-TFI) and the 24/7 Rapid Action Group; and (iii) technological tools have been put in place to increase the effectiveness of the decentralization of services. The Committee notes that, in their joint observations, CATP and SUIT SUNAFIL indicate that, in several regional offices: (i) facilities remain inadequate given the number of labour inspectors: overcrowding in several offices, furniture in poor condition, non-observance of occupational safety and health standards, insufficient cleaning, water shortages, lack of proper maintenance of electronic equipment and no provision of the mobile telephones required. In this respect, they refer to Circular No. 0363-2024-SUIT SUNAFIL of 23 August 2024, stating that staff of the Huánuco office do not have the adequate conditions to carry out their work, owing to overcrowding, lack of natural air and light, and limited space to attend to service users; the office is also used as a garage, which has led to accidents and material damage; (ii) personal protective equipment is lacking, sun protection is not provided, and for several years now, work uniforms have not been supplied; (iii) means of transport remain insufficient for labour inspectors to properly carry out their duties, especially to reach remote or hard-to-reach workplaces or centres; and (iv) there are delays in the reimbursement of local transport costs for inspections due to cash problems. In addition, they indicate that SUNAFIL does not have resources that are raised directly, which has a negative impact on labour inspection as there have been power cuts in the workplaces of the labour inspectors due to a lack of resources. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that: (i) the regional management offices are properly equipped in line with the needs of the service, and are accessible to all persons concerned, including specific information on the Huánuco office; (ii) the necessary means of transport are provided to enable labour inspectors to discharge their duties; and (iii) labour inspectors are reimbursed the travel expenses necessary for the discharge of their duties.

Article 18. Adequate and effectively enforced penalties. Further to its previous comments, the Government indicates that, on a first occasion, SUNAFIL issued 5,869 decisions for fines in 2022, amounting to a total of 119,386,769 Peruvian soles (approximately US$31,675,494) and 5,715 in 2023, amounting to 115,412,612 soles (approximately US$30,621,078 ), while on a second occasion, 3,911 decisions were issued amounting to 216,747,426 soles (approximately US$57,507,058) in 2022; and 4,317 decisions were issued amounting to 212,181,602 soles (approximately US$56,295,661) in 2023. The Committee notes that, in their joint observations, CATP and SUIT SUNAFIL reiterate their concern that: (i) the reforms carried out in recent years have been aimed at reducing the amount of fines, which has weakened inspection activities as the fines are far from dissuasive; (ii) inspections too rarely result in the imposition of effective fines; and (iii) there is a lack of information on the number of fines that are effectively paid. CONFIEP indicates in its observations that the reductions in fines, which are applicable to certain contraventions set out in legislation, do not weaken inspection or make procedures less effective, but rather encourage cooperation between inspection staff and employers. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide more detailed information on the measures taken or envisaged to ensure the application of adequate penalties in cases of violation of the legal provisions enforced by the labour inspectors. The Committee also requests the Government to continue to provide detailed information on the number and nature of violations found, the number and amount of fines imposed and collected, and the nature of any other sanctions imposed.

Articles 20 and 21. Preparation of periodic reports and publication and transmission to the ILO of the annual report. Further to its previous comment, the Committee notes that the Government has communicated to the ILO the annual labour inspection reports for 2022, and that it indicates that the report for 2023 is being prepared. The Committee requests the Government to continue to provide the annual inspection reports containing all information required under Article 21(a)–(g) of the Convention.